Hints and guesses

Sign Systems Studies 33 (2):239-271 (2005)
  Copy   BIBTEX

Abstract

Legal semiotics is an internationally proliferated subfield of general semiotics. The three-step principles of Peirce’s semiotic logic are the three leading categories: firstness, secondness and thirdness, grounded on the reverse principles of logic: deduction, induction and — Peirce’s discovery — abduction. Neither induction nor abduction can provide a weaker truth claim than deduction. Abduction occurs in intuitive conclusions regarding the possibility of backward reasoning, contrary to the system of law. Civil-law cultures possess an abstract deductive orientation, governed by the rigidity of previous written law, whereas the actual fragility of a common-law system with cases and precedents inclines to induction, orienting its habituality (habits) in moral time and space. Customary law gives credit to abductive values: relevant sentiments, beliefs and propositions are upgraded to valid reasoning. The decision-making by U.S. case law and English common-law is characterized as decision law with abductive undertones.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,628

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Problems with Peirce's concept of abduction.Michael Hoffmann - 1999 - Foundations of Science 4 (3):271-305.
Defending abduction.Ilkka Niiniluoto - 1999 - Philosophy of Science 66 (3):451.
Four Problems of Abduction: A Brief History.Anya Plutynski - 2011 - Hopos: The Journal of the International Society for the History of Philosophy of Science 1 (2):227-248.
Institutions of law: an essay in legal theory.Neil MacCormick - 2007 - New York: Oxford University Press.
Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 1993 - Pearson Prentice Hall.
Legality.Scott Shapiro (ed.) - 2011 - Cambridge, Mass.: Harvard University Press.
Inquisitiveness and Abduction, Charles Peirce and Moral Imagination.Howard Harris - 2011 - Business and Professional Ethics Journal 30 (3-4):293-305.
Law as a leap of faith: essays on law in general.John Gardner - 2012 - Oxford, U.K.: Oxford University Press.

Analytics

Added to PP
2013-04-04

Downloads
24 (#653,227)

6 months
1 (#1,461,875)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Gaps in the Law Fulfilled with Meaning: A Semiotic Approach for Decoding Gaps in Law.Liina Reisberg - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (4):697-709.
Alice’s Adventures, Abductive Reasoning and the Logic of Islamic Law.Valentino Cattelan - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):359-388.

Add more citations

References found in this work

No references found.

Add more references